PRINTER'S NO. 4055

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2968 Session of 1992


        INTRODUCED BY PESCI, SEPTEMBER 30, 1992

        REFERRED TO COMMITTEE ON APPROPRIATIONS, SEPTEMBER 30, 1992

                                     AN ACT

     1  Amending the act of June 30, 1992 (P.L.   , No.8A), entitled,
     2     "An act to provide from the General Fund for the expenses of
     3     the Executive, Legislative and Judicial Departments of the
     4     Commonwealth, the public debt and for the public schools for
     5     the fiscal year July 1, 1992, to June 30, 1993, for certain
     6     institutions and organizations, and for the payment of bills
     7     incurred and remaining unpaid at the close of the fiscal year
     8     ending June 30, 1992; to provide appropriations from the
     9     State Lottery Fund, the Pennsylvania Economic Revitalization
    10     Fund, the Energy Conservation and Assistance Fund, the
    11     Hazardous Material Response Fund, The State Stores Fund, the
    12     Milk Marketing Fund and the Emergency Medical Services
    13     Operating Fund to the Executive Department; to provide
    14     appropriations from the Judicial Computer System Augmentation
    15     Account to the Judicial Department; to provide appropriations
    16     from the Motor License Fund for the fiscal year July 1, 1992,
    17     to June 30, 1993, for the proper operation of the several
    18     departments of the Commonwealth and the Pennsylvania State
    19     Police authorized to spend Motor License Fund moneys; to
    20     provide for the appropriation of Federal funds to the
    21     Executive and Judicial Departments of the Commonwealth and
    22     for the establishment of restricted receipt accounts for the
    23     fiscal year July 1, 1992, to June 30, 1993, and for the
    24     payment of bills incurred and remaining unpaid at the close
    25     of the fiscal year ending June 30, 1992; to provide for the
    26     additional appropriation of Federal funds to the Executive
    27     Department of the Commonwealth for the fiscal year July 1,
    28     1991, to June 30, 1992, and for the payment of bills incurred
    29     and remaining unpaid at the close of the fiscal year ending
    30     June 30, 1992," increasing the appropriation for certain drug
    31     and alcohol abuse programs; and providing appropriations for
    32     retired district justices' health benefits and for community
    33     courts.


     1     The General Assembly of the Commonwealth of Pennsylvania
     2  hereby enacts as follows:
     3     Section 1.  As much of the State appropriation for grants to
     4  counties and private facilities for abuse treatment and
     5  prevention programs in section 215 of the act of June 30, 1992
     6  (P.L.   , No.8A), known as the General Appropriation Act of
     7  1992, is amended to read:
     8     Section 215.  Department of
     9  Health.--The following amounts are
    10  appropriated to the Department of
    11  Health:                                    Federal       State
    12     * * *
    13     For grants to counties and private
    14  facilities to finance drug and alcohol
    15  abuse treatment and prevention
    16  programs.
    17             [State appropriation.......               31,845,000]
    18             State appropriation........                33,000,000
    19     * * *
    20     Section 2.  As much of the State appropriation for retired
    21  district justices in section 285 of the act, amount vetoed, is
    22  amended to read:
    23     Section 285.  Community courts -
    24  district justices.--The following
    25  amounts are appropriated to the
    26  community courts and district
    27  justices:                                  Federal       State
    28     * * *
    29     For retired district justices'
    30  enhanced health benefits.
    19920H2968B4055                  - 2 -

     1             [State appropriation.......                        0]
     2             State appropriation........                   401,000
     3     Section 3.  Section 289 of the act, amount vetoed, is amended
     4  to read:
     5     Section 289.  County court
     6  reimbursement.--The following amounts
     7  are appropriated for court costs:          Federal       State
     8     For payment to counties as
     9  reimbursement for costs incurred by
    10  counties in the administration and
    11  operation of courts of common pleas.
    12  Reimbursement shall be provided on the
    13  following basis: for each common pleas
    14  court judge authorized position,
    15  whether filled or vacant within a
    16  judicial district, $67,500 per
    17  authorized position shall be provided.
    18  Judicial districts comprising more
    19  than one county shall be entitled to
    20  receive $67,500 per authorized common
    21  pleas court judge position; the amount
    22  payable to each county shall be
    23  determined by the proportion of the
    24  individual county's population in
    25  relation to the population of the
    26  entire judicial district. No county
    27  shall be reimbursed for costs above
    28  the actual direct costs, excluding
    29  capital outlays, incurred by them for
    30  the operation of the courts of common
    19920H2968B4055                  - 3 -

     1  pleas. For the purposes of
     2  reimbursement for common pleas court
     3  judge authorized positions, no county
     4  shall receive less than 67.5% of the
     5  actual reimbursement for court costs
     6  provided to them from funds
     7  appropriated for the fiscal year July
     8  1, 1980, to June 30, 1981.
     9     For the purpose of determining the
    10  actual direct costs incurred by the
    11  counties in the administration and
    12  operation of the courts of common
    13  pleas, the costs as reported to the
    14  Department of Community Affairs in the
    15  county's annual audit and financial
    16  report forms under the heading "(a)
    17  Judicial," but confined to the
    18  subheading "(4184) courts, excluding
    19  capital outlay," shall be used. If a
    20  city coterminous with a county does
    21  not report on the Department of
    22  Community Affairs' form, its figures
    23  from the same subheading, set forth in
    24  the department forms, shall be used.
    25     All payments for reimbursement
    26  shall be made to the county treasurer
    27  and, in cities of the first class
    28  coterminous with counties of the first
    29  class, to the city treasurer.
    30     In making allocations and payments
    19920H2968B4055                  - 4 -

     1  hereunder, the Court Administrator of
     2  Pennsylvania shall exclude all costs
     3  which are not properly reportable
     4  under the heading herein above
     5  specified. Any moneys payable to
     6  counties under this section shall be
     7  subject to a first claim by any county
     8  which has not been heretofore properly
     9  reimbursed within six months after
    10  billing for court costs incurred in
    11  relation to the disturbances at the
    12  correctional facility at Camp Hill in
    13  1989. The Court Administrator shall
    14  make such payment at the request of
    15  any such county prior to the payment
    16  of unpaid court cost amounts to a
    17  county.
    18             [State appropriation.......                        0]
    19             State appropriation........                26,838,000
    20     For grants to counties for costs
    21  incurred by counties in the
    22  administration and operation of the
    23  offices of district justice, judge of
    24  traffic court or judge of municipal
    25  court. Grants shall be provided on the
    26  following basis: for each district
    27  justice, traffic court judge or
    28  municipal court judge authorized
    29  position, whether filled or vacant,
    30  $14,500 per authorized position.
    19920H2968B4055                  - 5 -

     1     All grants shall be made to the
     2  county treasurer and, in cities of the
     3  first class coterminous with counties
     4  of the first class, to the city
     5  treasurer.
     6             [State appropriation.......                        0]
     7             State appropriation........                 8,328,000
     8     Section 4.  This act shall take effect immediately.















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